NY State Senate Bill 2009-S5266

Senate Bill S5266

Vetoed By Governor

2009-2010 Legislative Session

Relates to notification procedures for the transfer of a child from one foster home to another

download bill text pdf

Archive: Last Bill Status Via A8418 - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 19, 2010	tabled
May 18, 2010	vetoed memo.13
May 07, 2010	delivered to governor
Apr 26, 2010	returned to assembly passed senate
Mar 29, 2010	3rd reading cal.301 substituted for s5266
Mar 29, 2010	substituted by a8418
Mar 25, 2010	advanced to third reading
Mar 24, 2010	2nd report cal.
Mar 23, 2010	1st report cal.301
Jan 20, 2010	reported and committed to codes
Jan 06, 2010	referred to children and families
May 19, 2009	reported and committed to codes
Apr 27, 2009	referred to children and families

Votes

- Apr 26, 2010 - Floor Vote
  A8418
  
  50
  
  Aye
  
  11
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Apr 26, 2010
      
      aye (50)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Foley
      
      Fuschillo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Robach
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      nay (11)
      
      DeFrancisco
      
      Flanagan
      
      Golden
      
      Griffo
      
      Leibell
      
      Maziarz
      
      Ranzenhofer
      
      Saland
      
      Seward
      
      Winner
      
      Young
      
      excused (1)
      
      Morahan
  Mar 23, 2010 - Codes Committee Vote
  S5266
  
  14
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Mar 23, 2010
      
      aye (14)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Duane
      
      Flanagan
      
      Huntley
      
      Klein
      
      Parker
      
      Perkins
      
      Saland
      
      Sampson
      
      Schneiderman
      
      Squadron
      
      Volker
      
      aye wr (2)
      
      Golden
      
      Lanza
  Jan 20, 2010 - Children And Families Committee Vote
  S5266
  
  6
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: Jan 20, 2010
      
      aye (6)
      
      Duane
      
      Huntley
      
      Marcellino
      
      McDonald
      
      Montgomery
      
      Schneiderman

2009-S5266 (ACTIVE) - Details

See Assembly Version of this Bill:: A8418
Law Section:: Family Court Act
Laws Affected:: Add §§1017-a & 1091, amd §1089, Fam Ct Act; amd §358-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S373, A4213
2013-2014: A4352
2015-2016: A4234

2009-S5266 (ACTIVE) - Summary

Relates to notification procedures for the transfer of a child from one foster home to another; permits transfer without prior notice in certain circumstances.

2009-S5266 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5266

 TITLE OF BILL :  An act to amend the family court act and the social
services law, in relation to notification of the court, the parties
and the attorney for the child, when a child protective or foster care
agency transfers a child from one foster home or other foster care
placement to another

 PURPOSE :  The purpose of this bill is to ensure that the family
court, the respondent's attorney and thus the respondent, and the
child's attorney and thus the child, in any proceeding brought
pursuant to Article Ten or Ten-A of the Family Court Act are given
prior notice of any change in a child's foster care placement, so
that, upon the court's own application or an application by the
respondent parent/guardian or the child's attorney, the court can
review the commissioner's decision.

 SUMMARY OF PROVISIONS :  Section One adds a new §1017-a to the Family
Court Act to ensure that custodial agencies do not move children from
one foster care placement to another without advance notice, or, in
some circumstances, prompt after-the-fact notice to the court, the
respondent's attorney and the attorney for the child.

When the family court has directed pursuant to FCA §1017(2)(a)(iii) or
§1017(2)(b), or pursuant to FCA §1055(a)(i), that the child shall
reside in a specified kinship or non-kinship foster home, the agency

may not change the child's placement without prior court approval
except in an emergency and certain other specified circumstances.

When the court has not issued an order specifying a foster care
placement, the agency may change the child's placement without prior
court approval, but is required to provide advance notice as soon as
practicable after a determination has been made to change the
placement, and in no event later than ten days prior to removal of the
child from the present foster care placement. Notification must be
made by phone, e-mail or facsimile transmission. The notice must
contain the date the change of placement will take place, the reasons
for the change, and the name and phone number of a social services
official who may be contacted for further information. If timely
notice is not provided, the agency may not change the placement until
at least ten days after notice has been provided in the manner
required. Advance notice also must be provided, to the court and to
the child's attorney, when the agency has made a determination to
trial discharge the child to the parent(s) or other person(s) legally
responsible for the child. Neither prior court approval nor advance
notice is required when emergency removal is necessary, nor when the
foster parent has requested removal of the child or a sibling of the
child, nor when the parent(s) or other person(s) legally responsible
for the child and the child's attorney have consented to removal, nor
when the agency has previously provided, on the record in family
court, notice of a change of placement. Whenever advance notice is not
required, notice must be provided as soon as practicable after
removal.

Section Two adds a new subdivision (g) to § 358-a(3) of the Social
Services Law which contains like notice requirements, and also closes
a gap in the statute by providing the court with authority to direct
that the child shall reside in a specified kinship or non-kinship
foster home.

Section Three adds a new subparagraph (I) to § 1089(d)(2)(viii) of the
Family Court Act which closes a gap in the statute by providing the
court with authority to direct that the child shall reside in a
specified kinship or non-kinship foster home.


Section Four adds a new § 1091 to the Family Court Act which contains
notice requirements applicable after a child has been freed for
adoption.

 EXISTING LAW :  There is no statutory provision requiring notice
before or after a change of foster care placement.

 JUSTIFICATION :  The subject child in a proceeding brought pursuant
to Article Ten of the Family Court Act has a statutory right to
counsel under FCA § 249(a).  The child also has a right to counsel
under the Due Process Clause of the New York State Constitution, which
includes the right to the effective assistance of counsel. Matter of
Jamie TT., 191 AD2d 132 (3rd Dept. 1993). Before the court proceeds,
the child's attorney must be present. FCA § 1042. Indeed, the child's
right to counsel is of such magnitude that, if the family court
proceeds to a hearing in the absence of the law guardian, it is
usually grounds for reversal on appeal. See, e.g., In re Chad D., 261
AD2d 322 (1st Dept. 1999). As well, the child has important liberty
interests at stake in an Article Ten proceeding.  The removal of a
child from parental custody constitutes a seizure for Fourth Amendment
purposes. Tenenbaum v. City of New York, 193 F3d 581 (2d Cir. 1999).
Also important - not to mention life-altering and potentially
traumatic for the child - is a determination made by the court, or by
the custodial agency, to change a child's foster care placement. The
child's need for the assistance of counsel when such decisions are
made is critical. Remarkably, however, the Family Court Act provides
the child with no protection when the agency changes the child's
placement without court approval. The family court does have the
authority to order the agency to place the child in a specific foster
home. FCA §§ 1017(2)(a)(iii), 1017(2)(b); In re Brandon A., 50 AD3d
395 (1st Dept. 2008); Matter of Shinice H., 194 AD2d 444 (1st Dept.
1993).  However, it is more common for the court to remand or place a
child into the custody of the agency without any specification, which
leaves the agency free to move the child from one location to another,
subject only to a foster parent's right to contest a removal through
procedures in the Social Services Law and related regulations, which
do not include any requirement that the attorney for the child be
notified or be allowed to participate. Unfortunately, it is common
practice for custodial agencies to move children from one foster care
placement to another without notifying the court, the respondent's
counsel, or the attorney for the child. Often, the child is removed
from a home in which he or she has resided for a substantial period of
time, and often the caretaker is a relative. The attorney for the
child may not learn that the child has been moved until the next court
appearance. By that time, an improper decision may already have caused
emotional harm to the child.

Similarly, the respondent parent/guardian has a statutory right to
counsel under FCA § 262(a)(i), and a State constitutional right to the
effective assistance of counsel. Matter of Ella B., 30 NY2d 352
(1972).  At any time prior to termination of parental rights, and
particularly when the permanency planning goal is reunification of the
family, the respondent has a compelling interest in the safety and
well-being of the child in foster care, and thus a change of placement
is a critical stage of the proceeding at which the respondent should
have the full benefit of counsel, and, if the respondent so desires, a
meaningful opportunity to be heard before the change is made.

The family court also has a compelling need for advance notice. The
court may have issued orders in reliance on its assumption that the
child would continue to reside in a particular home. The court may
have chosen, or approved of, that home for a good reason. The court
needs advance notice so that it can intervene if it sees fit to
prevent or postpone the move, or at least issue necessary protective
orders.

The Family Court Act provides the family court with broad authority to
oversee foster care placements and issue orders directing agencies to
take appropriate action designed to facilitate family reunification
and the protection of children. It make little sense, therefore, to
continue to deprive family court judges, and the parties, of an
opportunity to have input into one of the most critical decision an
agency can make - the decision to uproot a child and move him/her to a
new home or facility - before the move is completed.

 LEGISLATIVE HISTORY : New bill.

 FISCAL IMPLICATIONS :: To be determined

 EFFECTIVE DATE :  90th day after becoming law.

2009-S5266 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5266

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Children and Families

AN ACT to amend the family court act and the  social  services  law,  in
  relation  to  notification  of the court, the parties and the attorney
  for the child, when a child protective or foster care agency transfers
  a child from one foster home or other foster care placement to another

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  family  court act is amended by adding a new section
1017-a to read as follows:
  S 1017-A. CHANGE OF PLACEMENT WITHOUT PRIOR COURT APPROVAL. 1.    WHEN
THE  COURT  HAS REMANDED OR PLACED THE CHILD WITH THE LOCAL COMMISSIONER
OF SOCIAL SERVICES IN A PROCEEDING UNDER THIS ARTICLE AND  HAS  DIRECTED
PURSUANT  TO  SUBPARAGRAPH  (III) OF PARAGRAPH (A) OF SUBDIVISION TWO OR
PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION ONE  THOUSAND  SEVENTEEN  OF
THIS  PART,  OR PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (A) OF SECTION
ONE THOUSAND FIFTY-FIVE OF THIS CHAPTER, OR PURSUANT TO  CLAUSE  (I)  OF
SUBPARAGRAPH  (VIII)  OF PARAGRAPH TWO OF SUBDIVISION (D) OF SECTION ONE
THOUSAND EIGHTY-NINE OF THIS CHAPTER, THAT THE COMMISSIONER  SHALL  HAVE
THE  CHILD  RESIDE  IN A SPECIFIC CERTIFIED OR APPROVED FOSTER HOME, THE
COMMISSIONER MAY NOT CHANGE THE CHILD'S FOSTER  CARE  PLACEMENT  WITHOUT
PRIOR  COURT  APPROVAL  EXCEPT IN THOSE CIRCUMSTANCES SET FORTH IN PARA-
GRAPH (D) OF SUBDIVISION TWO OF THIS SECTION.
  2. (A) WHEN THE COURT HAS REMANDED OR PLACED THE CHILD WITH THE  LOCAL
COMMISSIONER  OF  SOCIAL SERVICES IN A PROCEEDING UNDER THIS ARTICLE, OR
EXTENDED SUCH PLACEMENT UNDER ARTICLE TEN-A OF  THIS  CHAPTER,  WITH  NO
DIRECTION THAT THE COMMISSIONER SHALL HAVE THE CHILD RESIDE IN A SPECIF-
IC  CERTIFIED  OR  APPROVED FOSTER HOME, THE COMMISSIONER MAY CHANGE THE
CHILD'S FOSTER CARE PLACEMENT WITHOUT PRIOR COURT APPROVAL,  IN  ACCORD-
ANCE  WITH  PARAGRAPHS  (B)  AND  (D) OF THIS SUBDIVISION AND THE SOCIAL
SERVICES LAW AND APPLICABLE REGULATIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11262-01-9

S. 5266                             2

  (B) THE COMMISSIONER SHALL, AS SOON AS PRACTICABLE  AFTER  DETERMINING
THAT  A  CHANGE  OF  FOSTER CARE PLACEMENT IS NECESSARY, BUT IN NO EVENT
LATER THAN TEN DAYS PRIOR TO THE REMOVAL OF THE CHILD FROM  HIS  OR  HER
PRESENT  FOSTER  HOME  OR OTHER FOSTER CARE PLACEMENT, NOTIFY THE COURT,
THE COUNSEL FOR THE PARENT OR PARENTS OR OTHER PERSON OR PERSONS LEGALLY
RESPONSIBLE  FOR  THE CARE OF THE CHILD, AND THE ATTORNEY FOR THE CHILD,
BY PHONE, E-MAIL OR FACSIMILE TRANSMISSION, OF THE CHANGE OF  PLACEMENT.
IN  SUCH  NOTICE,  THE COMMISSIONER SHALL PROVIDE THE DATE THE CHANGE OF
PLACEMENT WILL TAKE PLACE, THE REASONS FOR THE CHANGE, AND THE NAME  AND
THE  PHONE NUMBER OF A SOCIAL SERVICES OFFICIAL WHO MAY BE CONTACTED FOR
FURTHER INFORMATION.
  (C) IF TIMELY NOTICE PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION  IS
NOT  PROVIDED, THE COMMISSIONER MAY NOT CHANGE THE FOSTER CARE PLACEMENT
UNTIL AT LEAST TEN DAYS AFTER NOTICE HAS BEEN PROVIDED IN THE MANNER SET
FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION.
  (D) WHEN THE HEALTH OR SAFETY OF THE CHILD REQUIRES THAT THE CHILD  BE
REMOVED IMMEDIATELY FROM THE FOSTER HOME OR OTHER FOSTER CARE PLACEMENT,
OR  WHEN  THE FOSTER PARENT REQUESTS IMMEDIATE REMOVAL OF THE CHILD FROM
THE FOSTER HOME, OR WHEN THE COMMISSIONER HAS OBTAINED  THE  CONSENT  OF
THE PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE CARE OF THE CHILD
AND  THE  ATTORNEY  FOR THE CHILD, THE COMMISSIONER MAY REMOVE THE CHILD
WITHOUT COURT APPROVAL REQUIRED BY SUBDIVISION ONE OF THIS  SECTION  AND
WITHOUT  PROVIDING NOTICE PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
HOWEVER, SUCH NOTICE SHALL BE PROVIDED  AS  SOON  AS  PRACTICABLE  AFTER
REMOVAL.
  3.  WHEN  THE  COMMISSIONER  HAS MADE A DETERMINATION TO DISCHARGE THE
CHILD ON A TRIAL BASIS TO THE CUSTODY OF  THE  PARENT  OR  OTHER  PERSON
LEGALLY  RESPONSIBLE FOR THE CHILD'S CARE, TIMELY ADVANCE NOTICE MUST BE
PROVIDED TO THE COURT AND THE ATTORNEY FOR THE CHILD IN THE  MANNER  SET
FORTH IN PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION.
  4. NOTICE PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION
NEED  NOT  BE PROVIDED WHEN THE COMMISSIONER HAS PREVIOUSLY PROVIDED, ON
THE RECORD DURING THE PROCEEDINGS IN FAMILY COURT, NOTICE OF A CHANGE OF
PLACEMENT, AND THE DATE AND REASONS FOR THE CHANGE.
  S 2. Subdivision 3 of section 358-a of  the  social  services  law  is
amended by adding a new paragraph (g) to read as follows:
  (G)  (I) THE ORDER GRANTING THE PETITION OF A SOCIAL SERVICES OFFICIAL
AND APPROVING AN INSTRUMENT EXECUTED PURSUANT TO SECTION  THREE  HUNDRED
EIGHTY-FOUR-A  OF  THIS  CHAPTER  MAY DIRECT THAT THE COMMISSIONER SHALL
HAVE THE CHILD RESIDE IN A SPECIFIC CERTIFIED OR APPROVED  FOSTER  HOME.
IN  THE  EVENT THE COURT SO DIRECTS, THE COMMISSIONER MAY NOT CHANGE THE
CHILD'S PLACEMENT WITHOUT PRIOR COURT APPROVAL EXCEPT IN  THOSE  CIRCUM-
STANCES SET FORTH IN SUBPARAGRAPH (V) OF THIS PARAGRAPH.
  (II)  WHEN  THE COURT HAS NOT SO DIRECTED, THE COMMISSIONER MAY CHANGE
THE CHILD'S PLACEMENT WITHOUT PRIOR COURT APPROVAL, IN  ACCORDANCE  WITH
SUBPARAGRAPHS  (III)  AND  (V)  OF  THIS  PARAGRAPH AND THIS CHAPTER AND
APPLICABLE REGULATIONS.
  (III) THE COMMISSIONER SHALL, AS SOON AS PRACTICABLE AFTER DETERMINING
THAT A CHANGE OF FOSTER CARE PLACEMENT IS NECESSARY,  BUT  IN  NO  EVENT
LATER  THAN  TEN  DAYS PRIOR TO THE REMOVAL OF THE CHILD FROM HIS OR HER
PRESENT FOSTER HOME OR OTHER FOSTER CARE PLACEMENT,  NOTIFY  THE  COURT,
THE COUNSEL FOR THE PARENT OR PARENTS OR OTHER PERSON OR PERSONS LEGALLY
RESPONSIBLE  FOR  THE  CHILD,  AND THE ATTORNEY FOR THE CHILD, BY PHONE,
E-MAIL OR FACSIMILE TRANSMISSION, OF THE CHANGE OF  PLACEMENT.  IN  SUCH
NOTICE,  THE COMMISSIONER SHALL PROVIDE THE DATE THE CHANGE OF PLACEMENT
WILL TAKE PLACE, THE REASONS FOR THE CHANGE,  AND  THE  NAME  AND  PHONE

S. 5266                             3

NUMBER  OF  A  SOCIAL SERVICES OFFICIAL WHO MAY BE CONTACTED FOR FURTHER
INFORMATION.
  (IV) IF TIMELY NOTICE PURSUANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH
IS  NOT PROVIDED, THE COMMISSIONER MAY NOT CHANGE THE PLACEMENT UNTIL AT
LEAST TEN DAYS AFTER NOTICE HAS BEEN PROVIDED IN THE  MANNER  SET  FORTH
ABOVE.
  (V)  WHEN THE HEALTH OR SAFETY OF THE CHILD REQUIRES THAT THE CHILD BE
REMOVED IMMEDIATELY FROM THE FOSTER HOME OR OTHER FOSTER CARE PLACEMENT,
OR WHEN THE FOSTER PARENT REQUESTS IMMEDIATE REMOVAL OF THE  CHILD  FROM
THE  FOSTER  HOME,  OR WHEN THE COMMISSIONER HAS OBTAINED THE CONSENT OF
THE PARENT OR OTHER PERSON LEGALLY  RESPONSIBLE  FOR  THE  CARE  OF  THE
CHILD,  AND  THE ATTORNEY FOR THE CHILD, THE COMMISSIONER MAY REMOVE THE
CHILD WITHOUT COURT APPROVAL REQUIRED BY SUBPARAGRAPH (I) OF THIS  PARA-
GRAPH  AND  WITHOUT  PROVIDING  NOTICE PURSUANT TO SUBPARAGRAPH (III) OF
THIS PARAGRAPH. HOWEVER, SUCH NOTICE SHALL BE PROVIDED AS SOON AS  PRAC-
TICABLE AFTER REMOVAL.
  (VI)  WHEN  THE COMMISSIONER HAS MADE A DETERMINATION TO DISCHARGE THE
CHILD ON A TRIAL BASIS TO THE CUSTODY OF  THE  PARENT  OR  OTHER  PERSON
LEGALLY  RESPONSIBLE FOR THE CHILD'S CARE, TIMELY ADVANCE NOTICE MUST BE
PROVIDED TO THE COURT AND THE ATTORNEY FOR THE CHILD IN THE  MANNER  SET
FORTH IN SUBPARAGRAPH (III) OF THIS PARAGRAPH.
  (VII) NOTICE PURSUANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH NEED NOT
BE PROVIDED WHEN THE COMMISSIONER HAS PREVIOUSLY PROVIDED, ON THE RECORD
DURING  PROCEEDINGS  IN FAMILY COURT, NOTICE OF A CONTEMPLATED CHANGE OF
PLACEMENT, AND THE DATE AND REASONS FOR THE CHANGE.
  S 3. Subparagraph (viii) of paragraph 2 of subdivision (d) of  section
1089  of  the  family court act is amended by adding a new clause (I) to
read as follows:
  (I) DIRECTING THAT THE COMMISSIONER SHALL HAVE THE CHILD RESIDE  IN  A
SPECIFIC CERTIFIED OR APPROVED FOSTER HOME.
  S  4.  The family court act is amended by adding a new section 1091 to
read as follows:
  S 1091. CHANGE OF PLACEMENT  OF  CHILDREN  WHO  HAVE  BEEN  FREED  FOR
ADOPTION.  1. WHEN THE COURT HAS DIRECTED PURSUANT TO ITEM (I) OF CLAUSE
(B) OF SUBPARAGRAPH (VIII)  OF  PARAGRAPH  TWO  OF  SUBDIVISION  (D)  OF
SECTION  ONE  THOUSAND  EIGHTY-NINE  OF  THIS  ARTICLE THAT THE CHILD BE
PLACED FOR ADOPTION IN THE FOSTER FAMILY HOME WHERE HE OR SHE RESIDES OR
HAS RESIDED OR WITH ANY OTHER SUITABLE PERSON OR PERSONS, THE AGENCY  TO
WHICH  GUARDIANSHIP  AND  CUSTODY HAS BEEN COMMITTED MAY NOT CHANGE SUCH
CHILD'S FOSTER CARE PLACEMENT WITHOUT PRIOR COURT  APPROVAL,  EXCEPT  IN
THOSE  CIRCUMSTANCES  SET  FORTH  IN PARAGRAPH (D) OF SUBDIVISION TWO OF
THIS SECTION.
  2. (A) WHEN THE COURT HAS NOT DIRECTED THAT THE CHILD  BE  PLACED  FOR
ADOPTION IN A SPECIFIC FOSTER HOME, THE AGENCY TO WHICH GUARDIANSHIP AND
CUSTODY  HAS  BEEN COMMITTED MAY CHANGE THE CHILD'S FOSTER HOME OR OTHER
FOSTER CARE PLACEMENT WITHOUT PRIOR COURT APPROVAL, IN  ACCORDANCE  WITH
PARAGRAPHS  (B)  AND (D) OF THIS SUBDIVISION AND THE SOCIAL SERVICES LAW
AND APPLICABLE REGULATIONS.
  (B) THE AGENCY SHALL, AS SOON AS PRACTICABLE AFTER DETERMINING THAT  A
CHANGE OF FOSTER CARE PLACEMENT IS NECESSARY, BUT IN NO EVENT LATER THAN
TEN  DAYS  PRIOR  TO  THE  REMOVAL  OF THE CHILD FROM HIS OR HER PRESENT
FOSTER HOME OR OTHER FOSTER CARE PLACEMENT, NOTIFY THE  COURT,  AND  THE
ATTORNEY  FOR  THE CHILD, BY PHONE, E-MAIL OR FACSIMILE TRANSMISSION, OF
THE CHANGE OF PLACEMENT. IN SUCH NOTICE, THE AGENCY  SHALL  PROVIDE  THE
DATE  THE  CHANGE  OF  PLACEMENT  WILL  TAKE  PLACE, THE REASONS FOR THE

S. 5266                             4

CHANGE, AND THE NAME AND PHONE NUMBER OF A SOCIAL SERVICES OFFICIAL  WHO
MAY BE CONTACTED FOR FURTHER INFORMATION.
  (C)  IF TIMELY NOTICE PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION IS
NOT PROVIDED, THE AGENCY MAY NOT CHANGE THE FOSTER CARE PLACEMENT  UNTIL
AT LEAST TEN DAYS AFTER NOTICE HAS BEEN PROVIDED IN THE MANNER SET FORTH
IN PARAGRAPH (B) OF THIS SUBDIVISION.
  (D)  WHEN THE HEALTH OR SAFETY OF THE CHILD REQUIRES THAT THE CHILD BE
REMOVED IMMEDIATELY FROM THE FOSTER HOME OR OTHER FOSTER CARE PLACEMENT,
OR WHEN THE FOSTER PARENT REQUESTS IMMEDIATE REMOVAL OF THE  CHILD  FROM
THE  FOSTER  HOME,  OR  WHEN  THE AGENCY HAS OBTAINED THE CONSENT OF THE
ATTORNEY FOR THE CHILD, THE AGENCY MAY REMOVE THE  CHILD  WITHOUT  COURT
APPROVAL REQUIRED BY SUBDIVISION ONE OF THIS SECTION AND WITHOUT PROVID-
ING NOTICE PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.  HOWEVER, SUCH
NOTICE SHALL BE PROVIDED AS SOON AS PRACTICABLE AFTER REMOVAL.
  (E)  NOTICE  PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION NEED NOT BE
PROVIDED WHEN THE AGENCY HAS PREVIOUSLY PROVIDED, ON THE  RECORD  DURING
PROCEEDINGS  IN  FAMILY  COURT, NOTICE OF A CHANGE OF PLACEMENT, AND THE
DATE AND REASONS FOR THE CHANGE.
  S 5. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.

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